2014 -- S 2090 | |
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LC003265 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2014 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR | |
ACTIONS - JOINT AND SEVERAL LIABILITY | |
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Introduced By: Senator Marc A.Cote | |
Date Introduced: January 21, 2014 | |
Referred To: Senate Judiciary | |
(by request) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 10 of the General Laws entitled "PROCEDURE IN PARTICULAR |
2 | ACTIONS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 6.1 |
4 | JOINT AND SEVERAL LIABILITY |
5 | 10-6.1-1. Several liability. -- In any action for personal injury, property damage or |
6 | wrongful death, the liability of a defendant for damages shall be several only and shall not be |
7 | joint where the defendant's act or omission constituted no more than twenty-five percent (25%) of |
8 | the cause of the damages sustained by the plaintiff. Such defendant shall only be responsible for |
9 | payment of the amount of damages, plus the interest thereon, allocated to that defendant in direct |
10 | proportion to that defendant's percentage of culpability, and a separate judgment shall be rendered |
11 | against the defendant for that amount. To determine the amount of the judgment to be entered |
12 | against such defendant, the court shall multiply the total amount of damages sustained by the |
13 | plaintiff, prior to any reduction for comparative negligence, if any, by the percentage of the |
14 | defendant's culpability, computed interest thereon, and that amount shall be the maximum |
15 | recoverable against said defendant. |
16 | 10-6.1-2. Joint and several liability. -- Except as provided in § 10-5.1-1 the liability of a |
17 | defendant shall be joint and several as heretofore provided by law. Any person held jointly liable |
18 | under this section shall have a right of contribution in accordance with chapter 10-6 of the general |
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1 | laws. |
2 | SECTION 2. This act shall take effect upon passage and shall apply to all civil actions |
3 | filed after passage of this act. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR | |
ACTIONS - JOINT AND SEVERAL LIABILITY | |
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1 | This act would limit liability of a tortfeasor for damages to several only and not joint if it |
2 | is found that the defendant’s act or omission constituted no more than twenty-five percent (25%) |
3 | of the damages sustained by the plaintiff. |
4 | This act would take effect upon passage and would apply to all civil actions filed after |
5 | passage of this act. |
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